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Poster: NicolaBattista.net Date: Feb 16, 2007 2:58am
Forum: feature_films Subject: Re: Youtube Yanked!

I think you are rising an interesting question here: in Europe (I'm from Italy) sound recordings rights expire in 50 years, currently. I could go out and press an early Elvis or Marilyn Monroe cd just paying mechanical rights (let's say one dollar per copy). But what would happen if I used their photo on the cd? And isn't their name also a registered trademark?
While I respect the rights of actors, performers, personalities and their heirs etc., shouldn't certain laws be changed - in many places including USA and Europe, I mean - in order to allow fair use of old material without incurring in infringment on rights on the "name and likeness" and stuff like that?
I think certain utilizations could be left out: for example, use in tv commercials (you couldn't use that clip to promote a product on tv) or in specifically made products (a perfume called "Elvis" and/or displaying his face on the bottle or the box is just a product directly trying to cash on those "name and likeness" and nothing more; an Elvis recording from 1954 has an historical and cultural value and certainly doesn't need a fancy pic or a "signature" on a sexy container to go with); but whoever reprints the whole PD work or clip of it or reuses it into another artistic work should be allowed to do so.
After all, those performers have often enjoyed decades of protection for their stuff.
You are luckly, btw: Sinatra Entertainment didn't notice the clips you posted (not yet). ;)
Meanwhile if I was you I would contact YouTube and Stiletto with proof that the movie is in the public domain and would forward all this story to www.eff.org.